Archivo de Etiquetas: BIT

Philip Morris v Uruguay: an affirmation of ‘Police Powers’ and ‘Regulatory Power in the Public Interest’ in International Investment Law In recent years there has been criticism that international investment treaties and investor-State arbitration conducted under those treaties increasingly, and unacceptably, have encroached upon the legitimate uses of States’ regulatory …

CRC Concluding Observations on the Holy See The UN Committee on the Rights of the Child released today its concluding observations on the second periodic report of the Holy See. The report is making waves in the media because of the Committee’s very strong condemnation of the inadequacy of the …

ITLOS order Ghana to release Argentine navy ship On 15 December, the International Tribunal for the Law of the Sea (ITLOS) ordered Ghana to release the Argentine military training vessel ARA Fragata Libertad (see oral proceedings). NML Capital, an investment company focused on distressed debt based in the Cayman Islands …

Immunity of Warships: Argentina Initiates Proceedings Against Ghana under UNCLOS Another chapter has begun in the saga of NML Capital Ltd’s attempts to collect on its holdings of Argentinean bonds (see here for earlier reporting on EJIL:Talk!) with the initiation of inter-State proceedings by Argentina against Ghana under the 1982 …

Oil exploration around the Falklands (Malvinas) In June, I looked at the longstanding sovereignty dispute over the Falklands Islands (Malvinas) on the occasion of the 30-year anniversary of the 1982 war. I revisit this topic today to examine the question of investor protection in areas where sovereignty is disputed, taking the Falklands (Malvinas) …

From the North Sea to the Bay of Bengal: Maritime Delimitation at the International Tribunal for the Law of the Sea Last week, the International Tribunal for the Law of the Sea delivered its judgment in the Dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar in the …

From the North Sea to the Bay of Bengal: Maritime Delimitation at the International Tribunal for the Law of the Sea Last week, the International Tribunal for the Law of the Sea delivered its judgment in the Dispute concerning delimitation of the maritime boundary between Bangladesh and Myanmar in the Bay …

Judging Judges: A Statistical Exercise Andrea Bianchi’s excellent, thoughtful post on the perceptions of certainty in response to the ICJ’s Germany v. Italy judgment provokes many questions. What, exactly, created the certainty both within the Court and outside it as to how the Court would decide the case? Is it …

Falklands colonialism is coming from David Cameron, not Argentina I laughed heartily as I read the news last night. British prime minister David Cameron accused my birth country, Argentina, of “colonialism” over the Falkland Islands. I originally read about his jibe on an Argentinian news site, and immediately searched for …

US Fourth ICCPR Report, IHRL and IHL The US Government recently submitted to the Human Rights Committee its fourth periodic report on its compliance with the ICCPR. On the issues near and dear to my heart – the extraterritorial application of the ICCPR and the relationship between IHRL and IHRL …

[COURT OF APPEAL] ASSOCIATED PROVINCIAL PICTURE HOUSES, LIMITED v. WEDNESBURY CORPORATION. 1947 Nov. 7, 10. Lord Greene M.R., Somervell L.J. and Singleton J. Cinematograph – Sunday performances – Licence – Condition that “no children under the age of fifteen years shall be admitted to any entertainments whether accompanied by adult …

OCTOBER TERM, 1991 Syllabus REPUBLIC OF ARGENTINA ET AL. v. WELTOVER, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 91-763. Argued April 1, 1992-Decided June 12, 1992 As part of a plan to stabilize petitioner Argentina’s currency, that country and petitioner bank …